Rent Repayment Orders

Rent Repayment Orders are available under the Housing and Planning Act 2016. The original list of trigger offences included:

• Operating a licensable HMO without a licence
• Operating a property subject to a selective or additional licensing scheme without a licence
• Breach of a banning order
• Illegal eviction under the Protection from Eviction Act 1977
• Using violence to secure entry to a property

The Renters' Rights Act 2025 expanded this list significantly to include, among other things, breaching the new obligations around tenancy types and rent increases, and various landlord offences under the reformed regime. Check the current list with Shelter or Citizens Advice, as the expanded grounds are being brought into force alongside the wider reforms.

Importantly, the landlord does not need to have been convicted of the offence by a criminal court — the Tribunal can make its own finding that the offence was committed on the balance of probabilities.

To apply for an RRO, you must apply to the First-tier Tribunal (Property Chamber) within 12 months of the date of the landlord's offence (or the most recent act of the offence if it was continuing). The application must be made on the prescribed form, available from the Tribunal's website.

The Tribunal will consider:

• Whether the offence was committed (on the balance of probabilities)
• The seriousness of the offence
• The conduct of the landlord and tenant
• The financial circumstances of the landlord

The maximum amount you can recover is 12 months' rent paid during the period in which the offence was committed (or housing benefit if that was what was paid). The Tribunal has discretion and awards vary. NRLA's Research and Policy Hub reports average RRO awards in the range of several thousand pounds.

The Tribunal is designed to be accessible without a lawyer, though advice from Shelter or a housing solicitor on preparing your case is beneficial.

If housing benefit or the housing cost element of Universal Credit was paid directly to the landlord during the period of the offence, the local authority can apply for an RRO to recover those payments. Local authorities have the same 12-month time limit from the date of the offence.

Tenants and local authorities can both apply in relation to the same offence, but the total amount recoverable is still capped at 12 months' rent. In practice, where both have applied, the Tribunal will consider how to divide any award.

If you receive Universal Credit and the housing element is paid to your landlord under Alternative Payment Arrangements, and your landlord commits a qualifying offence, consider speaking to the local council's housing enforcement team — they may bring an RRO application on your behalf.

The Renters' Rights Act 2025 substantially expanded the list of offences that can trigger a Rent Repayment Order, and increased the maximum award to 24 months' rent in cases of repeated offending. Understanding the new grounds is essential for tenants whose landlords are breaching the reformed regime.

New trigger offences added by the Act

In addition to the original trigger offences (unlicensed HMO, selective/additional licensing breach, banning order breach, illegal eviction, and using violence to enter), the Renters' Rights Act 2025 added a range of new grounds, including:

• Failing to register on the Private Rented Sector Database as required
• Breaching the new tenancy requirements — for example, attempting to impose a fixed-term tenancy after the Act's commencement, or seeking an unlawful rent increase
• Serving an invalid notice or attempting to evict without following the correct grounds-based process
• Breaching the prohibition on blanket restrictions on benefit claimants or families with children (new restrictions introduced by the Act)

Check current Shelter and Citizens Advice guidance for the finalised list of trigger offences as secondary legislation under the Act is brought into force in phases from 2025 onwards.

Increased awards for repeat offenders

Where a landlord has been convicted of a relevant offence, or has been the subject of a previous RRO, the Tribunal can award up to 24 months' rent. This is a significant increase from the original 12-month cap and is designed to deter serial non-compliance. When preparing your application, provide any evidence of previous convictions or RRO awards against the same landlord.

Selective licensing interaction

If your property is in an area subject to a council selective licensing scheme and your landlord has not obtained a licence, this is a trigger offence for an RRO regardless of whether the property is an HMO. Check your local council's website for selective licensing areas — a growing number of councils operate these schemes. The 12-month limitation period runs from when the unlicensed activity was occurring, so act promptly once you discover the breach.